August 21, 2014 – City Council Meeting Minutes

Sep 25, 2014

CITY OF SEYMOUR

REGULAR CITY COUNCIL MEETING

AUGUST 21, 2014

A Regular City Council Meeting was held on Thursday, August 21, 2014 at 7:00 P.M. at the Portwood Arts and Civic Center, 800 E. Morris, Seymour, TX 76380.

Call to order, Roll call and Pledge of Allegiance was led by Mayor Toby Hines at 7:08 p.m.

Council Present: Mayor Toby Hines, Council members present were Les Hons, David Horton and Jon Hrncirik.

Council member Monty Glass arrived at 7:23 p.m.

Council Absent: Billy Henricks

Counsel Present: Cynthia Ayres, City Attorney

City Staff Present: City Administrator John Studer, City Secretary Conchita Torrez, Economic Development Director Lauren Bush and Police Chief Mike Griffin.

Guests: Patty Hines, Feiona Hostas, Doris Jones, Janette Crownover, Anita Jenkins, Dana Winn, Sid Winn, Clayton Miller, Carol Suit, Larry Suit and Cliff Porter.

ROCLAMATION: Seymour Ministerial Alliance Appreciation Month was read by Mayor Hines.

ANNOUNCEMENTS FROM THE MAYOR: Mayor Hines stated that the WWTP was undergoing some improvements, along with Salt Fork having the road bridge fixed.

CITIZENS QUESTIONS AND / OR COMMENTS: No comments or questions asked by citizens at this time.

CONSENT AGENDA:

CONSIDER APPROVING THE CONSENT AGENDA AS FOLLOWS: a.) Approve Thursday, July 17, 2014, Regular Meeting Minutes.

b.) Approve City Council Report for City Bills paid in July, 2014.

c.) Accept REPORTS:

Monthly Investment Report
lst National Bank accounts report summary
Employee List and Golf Course Membership Total Report 4. City of Seymour Police Department Report

END OF CONSENT AGENDA

Motion made by Council member Jon Hrncirik, second by Council member Les Hons to approve the Consent Agenda as presented by City Staff. Motion passed unanimously.

RECESS REGULAR MEETING TO HOLD PUBLIC HEARING(S) AT: 7:15 P.M.

Conduct a 2^nd Public Hearing regarding an Ordinance authorizing the assessment and

collection of fees for certain services provided by the Seymour Volunteer Fire Department at

vehicle fires, vehicle collisions, hazardous material spills, rescue incidents, wild land fires,

structural fires and rescue incidents; providing for severability and providing an effective

date.

A second public hearing was required for the Fire Department Ordinance. The first hearing was

held on August 21, 2014, and questions were answered by Fireman President Sid Winn. No

questions were asked at the second public hearing.

No questions for or against this ordinance were made during the public hearing.

Public hearing closed at 7:16 p.m., and the second public hearing began at 7:16 p.m.

Conduct a Public Hearing regarding the proposed tax rate for the 2014 tax year.

Council went over the tax information received. The 2014 Rollback tax rate for this year is

.41693. Council chose to consider the same tax rate as last year which is .40598. The proposed

tax rate would increase total taxes in the City of Seymour by 4.90910 %.

Public hearing closes at 7:18 p.m., with no questions for or against this public hearing .

Third public hearing begins at 7:18 p.m.

Conduct a Public Hearing regarding the repealing of Ordinance No. 2013-03, amending

Sections 5.100 (b) (c) and (d) commercial and outside city limits garbage rates, and

providing an effective date.

City Administrator John Studer explained that the proposed increases were simply to cover our

cost. The loss was discovered by Mr. Studer while looking over the Ordinance.

No questions for or against this ordinance were made during the public hearing.

CLOSE PUBLIC HEARINGS AND REOPEN REGULAR MEETING AT 7:20 P.M.

Discuss, consider and take action regarding Ordinance No. 2014-06, authorizing the

assessment and collection of fees for certain services provided by the Seymour Volunteer Fire

Department at vehicle fires, vehicle collisions, hazardous material spills, rescue incidents,

wild land fires, structural fires and rescue incidents; providing for severability and providing

an effective date on second reading.

Motion made by Council member David Horton, second by Council member Jon Hrncirik to

approve Ordinance No. 2014-06, authorizing the assessment and collection of fees for certain

services provided by the Seymour Volunteer Fire Department. Motion passed with 2 ayes.

Council member Les Hons abstained, as he is a member of the Fire Department.

Council Member Monty Glass arrived at 7:23 p.m.

Discuss and give direction to City Staff regarding the proposed tax rate.

Motion made by Council member David Horton, second by Council member Jon Hrncirik to pass the tax rate as explained in the Public Hearing, at the tax rate of .40598. Motion passed unanimously.

City Secretary asked that this ordinance be retracked by Council, as it should not have received a motion or second. She apologized for the inconvenience and error. Council member Horton and Council member Hrncirik both retracked their motion and second.

Once this was cleared, Council member Horton made a motion to allow City Administrator Studer to check further more into the tax rate and clear what would be best for the citizens as well as the city. This tax rate requires a second hearing. Second by Council member Jon Hrncirik. Passed unanimously.

Discuss, consider and take action by repealing garbage sections 5.100 b, c and d, on

Ordinance No. 2013-03 and adopting Ordinance No. 2014-07. This ordinance effects

Commercial Garbage Service Rates, Residential Garbage Service Rates –outside the city limits

and Commercial Garbage Service Rates- outside of extraterritorial jurisdiction (more than ½ a

mile outside the city limits).

Motion made by Council member Les Hons, second by Council member Jon Hrncirik, to approve

Ordinance No. 2014-07, and repealing garbage sections 5.100- Section B, C and D, regarding

Commercial Garbage Service Rates. Motion passed unanimously.

ORDINANCE NO. 2014-07

AN ORDINANCE OF THE CITY OF SEYMOUR, TEXAS, AMENDING SECTION 5.100 (b), Section 5.100 (c) and Section 5.100 (d) ESTABLISHING NEW COMMERCIAL GARBAGE SERVICE RATES FOR THE CITY OF SEYMOUR TEXAS; BEING SPECIFICALLY THE FOLLOWING SECTION OF THE CITY OF SEYMOUR CITY CODE: SECTION NO. 5.100 (B) COMMERCIAL GARBAGE RATES- THREE YARD CONTAINERS, SECTION 5.100 GARBAGE OUTSIDE THE CITY LIMITS AND SECTION 5.100 (D) COMMERCIAL SERVICES OUTSIDE OF EXTRATERRITORIAL JURISDICTION (MORE THAN ½ MILIE OUTSIDE THE CITY LIMITS) AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS AS FOLLOWS:

The following amendments to Ordinance No. 2013-03, Section No. 5.100 (B) (C) AND (D) Garbage Rates, with Ordinance No. 2014-07, and to the City of Seymour City Code Book are as follows:

Section 5.100 (a) Garbage Service Rates

City residential $18.85

Section 5.100 (b) Commercial Garbage Service Rates – Three Yard Containers:

Once per week Twice per week Three times per week

$42.90 $54.35 $60.75

Each additional:

$35.50 $43.40 $57.50

95 Gallon roll-out

$22.00 $40.90

Section 5.100 (c ) Residential Garbage Service outside of city limits

Transport own refuses to transfer station $18.85
Roll-out picked up by contractor at residence $25.15 (95 gall. roll-out)
3 yard container $48.15

Section 5.100 (d) Commercial Garbage Service-outside of extraterritorial jurisdiction : ( more than ½ a mile outside the city limits)

Once per week Twice per week

3 yard container $ 48.15 $ 60.50

Each additional $ 42.85 $ 48.10

SECTION 5.500 Specifying charge for disposal of City Flat Bed Truck Loads

Flat bed trucks which the city parks for city residents in the evening or weekend will be as follows: Truck load fee ……………………………….. $65.00

Section 6.400 Water Rates; Capital Improvements; Misc. Service Charges

(a) 1 Inside the City limits;

Residential /church/commercial Per month

Minimum 2,000 gallons (base rate) $22.85 (inside and outside res. services)

All over 2,000 gallons $ 3.96 per 1,000 gallons

Outside the City limits

Commercial Per month

Minimum 2,000 gallons (base rate) $ 29.70

All over 2,000 gallons $ 3.96 per 1,000 gallons

Residential within the Extra Territorial Jurisdiction- (½ mile or less in the city limits)

Per month

Minimum 2,000 gallons $22.85

All over 2,000 gallons $ 3.96

Section 6.400 (c ) (5 )

Water Tap Fees

¾” Tap- $ 400.00 plus $100 for breaking pavement

1” Tap- $ 550.00 plus $100 for breaking pavement

Section 6.600

Sewer Rates

(a) Residential/Commercial Per month

$14.41 monthly base rate $1.33 per 1,000 gallons above the minimum

(b) For any sewer customer not having a city water meter, the minimum customer charge will be $20.13

(c ) Rates apply to city and non city residents

(d) Permit Fees

Septic Fee $.22/gallon
Grit/Grease Trap $.83/gallon

Section 6.700 ( b )

Miscellaneous Service Charges Sewer Tap Fees

$400 plus $100 for breaking pavement

Section 11.105 Transfer Station

(c ) (2 ) Hours of Operation for the Solid Waste Transfer Station . The hours of operation for the Solid Waste Transfer Station are hereby established:

Summer (Mar –Nov.) Winter (Dec.– Feb.)

Tues –Friday 2:00 p.m. – 6:00 p.m. 1:00 p.m. -5:00 p.m.

Saturday 9:00 a.m. – 5:00 p.m. 9:00a.m. – 5:00 p.m.

Sunday closed

Monday closed

Holidays closed

This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Seymour, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

The City Secretary of the City of Seymour, Texas is hereby directed to publish this Ordinance in the official newspaper at least once within 10 days after the passage of this ordinance.

This Ordinance with the amended rates will become effective and in full force after its passage and publication as required by law, and it is so ordained.

PASSED AND APPROVED THE 21^st day of August, 2014.

Mayor Toby Hines

Attest:

City Secretary Conchita Torrez, TMRCC

Discuss and hear presentation from Economic Development Lauren Bush.

Discuss, consider and take action regarding request from Sid and Dana Winn, regarding variance for a trailer house to be placed on 106 S. Arkansas Street.

Motion made by Council member Les Hons, second by Council member Monty Glass, to give variance to Mr. and Mrs. Sid Winn by allowing them to place a trailer house at 106 S. Arkansas St.

Motion passed unanimously.

Discuss, consider and take action regarding request from Larry Suit, representing the Garden Club and requesting assistance with the esplanade.

After a lengthy discussion and hearing presentation from Mr. Suit, a motion was made by Council member David Horton, second by Council member Jon Hrncirik to allow the city to help with the esplanades as time permits and when needed. Motion passed unanimously.

Discuss and hear presentation from Cliff Porter regarding Water Distillation.

Mr. Porter introduced himself to the City Council and commended them for doing a good job as City Council. Mr. Porter presented each Council member and Mayor Hines with a handout regarding Water Distillation.

No decision was needed on this agenda item.

Discuss, consider and take action regarding update progress from Regan Hollar on property located on the 500 block of S. Tackitt Street.

Mr. Hollar had previously met with City Council at the January, 2014. His request at the time was to allow him to place a trailer house on the 500 block of South Tackitt, with the agreement that in six months, an upgrade to the structure of the trailer would be completed.

Mr. Hollar was unable to attend the meeting as he was out of town working on a gas leak. Due to a surgery he had had, Council allowed him additional time to complete this project.

Motion made by Council member Horton, second by Council member Monty Glass to allow a three month extension to Mr. Hollar and report back to City Council with his progress report. Reporting time is scheduled for the November , 2014, Council Meeting. Motion passed unanimously.

Discuss, consider and take action regarding request from Bill Harmel, to allow the Presbyterian Church, to place cones out as the need arises, for the safety of their congregation during church services.

After a discussion had by Chief Griffin and City Council, a motion was made by Council member David Horton, second by Council member Les Hons, to allow members of the Presbyterian Church to place cones during their church service. Motion passed unanimously.

Discuss, consider and take action regarding quote received from Clayton Miller, for security cameras to be placed at the City Pool.

Motion made by Council member Les Hons, second by Council member Monty Glass, to allow Clayton Miller to place security cameras at the City Pool. Motion passed unanimously.

Discuss, consider and take action regarding quote received from Clayton Miller, for security cameras to be placed at the Seymour Memorial Park.

Motion made by Council member Jon Hrncirik, second by Council member Les Hons, to allow Clayton Miller, to place security cameras at the Seymour Memorial Park. Motion passed unanimously.

Discuss, consider and take action regarding proposal by Steve Moffitt, with Schneider Engineering and giving City Administrator John Studer direction pertaining to an Electric System Rate Study.

Motion made by Council member David Horton, second by Council member Jon Hrncirik, giving direction to City Administrator John Studer to contact Mr. Steve Moffitt, with Schneider Engineering and deny the rate study at this time. Motion passed unanimously.

Accept and approve Resolution No. 1387, a resolution of the City Council accepting the Certified Tax Appraisal Roll as prepared and presented by Ronnie Hargrove of the Baylor County Appraisal District for property in the city limits of the City of Seymour and subject to the ad valorem tax for Fiscal Year 2014-2015.

Motion made by Council member Monty Glass, second by Council member Jon Hrncirik, to accept Resolution No. 1387, accepting the certified tax roll as presented by Ronnie Hargrove for Fiscal Year 2014-2015. Motion passed unanimously.

Discuss, consider and take action regarding annual request from Jessie Moore, President of

the Seymour Pee Wee Football team, for the City of Seymour to donate their light service during the football home games, beginning August 24, 2014 through October 18, 2014.

Motion made by Council member Jon Hrncirik, second by Council member Les Hons, to allow the request of Jessie Moore, President of the Seymour Pee Wee Football team, the usage of electricity during their football home games, beginning August 24, 2014 through October 18, 2014. Motion passed unanimously.

Discuss, consider and take action regarding bids received for Well Rehabilitation and Pump Replacement, Project #712137.

Robertson Electric – $15,848.00 Leonard Water Services, LTD. – $29,900.00

Motion made by Council member David Horton, second by Council member Les Hons, to accept the bid from Robertson Electric. Motion passed unanimously.

Adjournment made by Council member Jon Hrncirik, second by Council member Monty Glass to adjourn meeting at 8:45 p.m. Motion passed unanimously.

PASSED AND APPROVED ON THIS THE 18^TH DAY OF SEPTEMBER, 2014.

Mayor Pro-Tem Billy Henricks

ATTEST:

City Secretary, Conchita Torrez